32 SHIPPING PRACTICE
shall properly and carefully load, handle, stow, carry, keep,
and care for, and discharge the goods.
Para. 3 states that the carrier after he has received the
goods into his charge, shall on demand of the shipper issue
a bill of lading stating leading marks, which must be legible
until the end of the voyage, number of packages or pieces,
or the quantity, and the apparent order and condition of the
goods, providing that the carrier need not show any of the
above particulars which he thinks inaccurate, or which
he has been unable to check—hence the qualifying term
"quality and contents unknown," which is often found in
the body of the bill.
Such a bill issued is prima facie evidence of the receipt of
the goods by the carrier. (Para. 4.)
Para. 5 states that the shipper shall be deemed to have
guaranteed these particulars, and he shall indemnify the
carrier against any inaccuracies. By this, however, the
carrier does not limit his responsibilities and liabilities to
any person other than the shipper.
Section 5 of the Act, referred to at page 29, ante, modifies
this paragraph, however, in those cases where the state-
ment of the weight of a bulk cargo in a bill of lading is given
by a third party other than the carrier or the shipper, such
as a railway company or colliery company, provided that it
is noted on the bill of lading as such, and the accuracy shall
not be deemed to have been guaranteed by the shipper.
In paragraph 6 of Article 3, there is the provision that
unless notice of loss or damage be given in writing to the
carrier or his agent before or at the time of the removal of
the goods, or if the loss be not apparent within three days,
such removal shall be evidence (prima facie) that the
carrier has delivered the goods in accordance with the bill
This is the first occasion on which any limit of time for a
notice of claim has been mentioned. The application of this
paragraph to transhipment, or through cargo, is rather in-
distinct, and whether the notice of HaM is timed from final
delivery or delivery from ship is a point for much discussion.